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A fisking of Paul Rosenzweig’s LawFare defense of Mueller against the Trump Transition Letter.

December 19th, 2017 No comments

The pdf file HERE is  a fisking of Paul Rosenzweig’s LawFare defense of Mueller against the Trump Transition Letter.

I got interested in this and have been scanning the web for legal explanations of this kerfuffle, since I am not a lawyer.  There aren’t any good ones. As I said, I’m not a lawyer, but I know a lot of law (I’ve co-authored  numerous scholarly articles with law professors from Indiana, Illinois, UCLA, Chicago, Yale,Tokyo,  and Harvard and I’m the relator in New York ex rel. Eric Rasmusen v. Citigroup). I think I know more law than Mr. Rosenzweig, even though I feel my limitations keenly in this area of law (try me on tax whistleblower law, agency law, or the tax treatment of net operating losses and I’ll do better). So I’ll post this, to better inform the public. Maybe it will encourage real experts to come forward too. I wrote a book on game theory when I was 30 that had lots of mistakes, but it was the first in its field and I did stimulate, I fancy, older and wiser people to write books to improve on mine.

If I have mistakes, please  comment. I see an enormous amount of ignorant and arrogant commenting on these issues on the Internet, though, so please only comment  only if you aren’t just mouthing off. I’ll delete the comment otherwise.

 

Web Version of Books

January 1st, 2010 No comments

Here’s an email I just sent Fred Shapiro, editor of the Yale Book of Quotations:

I don’t see a web version on the website. There should be one. Your publisher may be worried about losing book sales. What you can do is this:

1. Put a serial number in each book.
2. The buyer sends in his serial number an email address.
3. He then gets a password.
4. A new password is emailed to that serial number every year (or month, or whatever), replacing the old one.

That would be good enough security to avoid most cannibalization, I think, and would greatly increase the value of the book.

Publishers *should* know about simple things like this, but I bet they don’t, and think security requires something more burdensome for all concerned.

Categories: copyright, webpages Tags:

Cambridge v. Patten

June 16th, 2008 No comments

Justia has the complete collection of documents for Cambridge v. Patten, the case where Cambridge and Oxford’s presses are suing Georgia State for copyright infringement. I’ve read the complaint. Georgia State lets professors post readings for their students, and gives them very liberal Fair Use guidelines. The presses are objecting even to single chapters being posted that way. Some interesting bits:

1. The presses are suing university administrators personally, as well as the organization.

2. The presses are not asking for any damages, just costs. The main thing they want is declaratory relief and an injunction.

I think the presses should win by law, though the law is very bad.

Categories: copyright, law, universities Tags:

Oregon Threatening People Who Post State Laws

May 11th, 2008 No comments

David Post at VC writes:

The State of Oregon, bless its heart, has begun sending out cease-and-desist letters to websites like Justia and Public.Resource.Org, demanding that the sites take down copies of the Oregon Revised Statutes posted there on the grounds that the posting infringes the State’s copyright in the statutes.

Hard to believe, but apparently true. [See Cory Doctorow’s posting on Boing Boing, and the story from TechDirt, along with accompanying documents.

The copyright claim is (like a lot of copyright claims these days) probably about 98% horse manure. They’re not asserting copyright in the text of the laws themselves, but in the “arrangement and subject matter compilation,” the numbering of statutory sections, and the various “tables, indices, and annotations” contained in the documents. Lots of that stuff is simply not copyrightable — and even as to the stuff in which there might be copyright protection, what makes the State of Oregon so sure that it, and not the various individuals who authored particular sections, owns the copyright to those contributions?

Categories: copyright, law Tags: